You should be aware that if you are a divorced parent, and are considering relocating, the Divorce Court or the Family Court may need to determine how this will impact your current Visitation (including grandparents visitation) & Child Custody agreements. Whether you are the party planning the move, or the non-custodial parent opposing the relocation, the court is going to be primarily concerned with protecting the rights and well-being of your child. A Westchester County Relocation Lawyer should be consulted to make sure that your rights are protected, and that your case is handled appropriately. Regardless of where you live in New York, whether you are in Manhattan or Long Island, we have an office nearby that can provide you with guidance and free advice.
A Westchester County Family Lawyer will be able to outline some of the questions the court may ask in reviewing your case. These questions can involve some of the following:
Emotional and Physical Well-Being of the Child: What is the current status of the child now, and will the move negatively impact the child’s happiness?
Current Relationship between the Parents and the Child: Is the child appropriately bonded and attached to each parent and how will relocation change this?
Existing Visitation/Custody Agreement: Is there currently an agreement in place and will the relocation alter it substantially?
Mindset of the Parents: Are the parents genuine in their desire to do what is best for the child, and not motivated by selfish purposes?
Negative Issues: Are there any potential problems that exist now, and would a move aggravate these problems?
Social/Family Structure: What is the child’s current social life like? Do they have family relationships that will be negatively impacted by relocating?
Monetary Considerations: Is the relocation motivated by a better paying job, cheaper rent, etc.?
Brighter Financial Outlook: Is the moving parent hoping for a better job, or moving to a higher income area? How will this impact the child?
Physical/Emotional Health of the Child: Will relocating change the status of the child’s physical or emotional health in any way?
Change in Family Status: Is either parent remarrying, and how will this affect the child?
In the past, the Divorce Court or Family Court has not provided definitive guidelines for divorced parents desiring to relocate. When you consult with a Westchester County Relocation Lawyer they will explain what the court will be particularly looking for. The needs of the child or children will be their main concern in reviewing your case. It is important to have a Westchester County Relocation Lawyer walk you through this process, as the matter can move from relocation to a change of custody or in extreme circumstances to a guardianship if the court is not satisfied that the child is being appropriately cared for. The court can call for medical assessments, order home schooling to lessen the stress on the child, and in some cases appoint a Guardian to care for the child.
When you consult a Westchester Family Lawyer from Stephen Bilks and Associates, you will be able to learn about your rights, and be sure you are doing everything expected of you as a parent in this situation. We are here to lend support and advice in what can be a very emotional time. We can address your concerns in any Family matter, be it, Child Support Divorce, Fathers rights, an order of protection or child custody dispute. We have offices to serve you in Westchester, New York City and surrounding boroughs, as well as locations in Nassau County and Suffolk County. If you call 800.696.9529, you can arrange for a free consultation today.